Australian Red Cross Blood Service (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service

[2018] FWCA 1664

[2018] FWCA 1664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Red Cross Blood Service (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service
(AG2017/3914)

AUSTRALIAN RED CROSS BLOOD SERVICE QUEENSLAND NURSING ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 MARCH 2018

Application for approval of the Australian Red Cross Blood Service Queensland Nursing Enterprise Agreement 2017 - Agreement approved with undertakings.

[1] As stated in my decision of 16 March 2018 ([2018] FWC 1554 - the Decision) an application was received by the Fair Work Commission (the Commission) on 31 August 2017 for approval of an enterprise agreement known as the Australian Red Cross Blood Service Queensland Nursing Enterprise Agreement 2017 (the Agreement). The application was made by Australian Red Cross Blood Service (a division of the Australian Red Cross Society) T/A Australian Red Cross Blood Service (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Decision outlined the various proceedings before the Commission regarding the application. More specifically, in the Decision I requested that an additional undertaking be provided by the Applicant in respect of public holidays and indicated that subject to the provision of an acceptable undertaking in respect of that issue that the Agreement would be approved. By way of background, two undertakings had previously been provided by the Applicant, on 5 December 2017 and 12 January 2018.

[3] On 20 March 2018, the Applicant provided the further undertaking which addresses my concern. Pursuant to s.190(4) of the Act I sought and considered the views of the bargaining representative for the Agreement, in respect of the undertakings. A revised undertaking as requested by the Commission was provided on 21 March 2018. A copy of the various undertakings provided by the Applicant is attached at Annexure A.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Against that background, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] As noted, pursuant to s.190(3), I have accepted the attached undertakings from the Applicant. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation (ANMF) and the Queensland Nurses and Midwives’ Union (QNMU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2018. The nominal expiry date of the Agreement is 31 January 2020.

Printed by authority of the Commonwealth Government Printer

<AE427704, PR601354>